1 2026:CGHC:5606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9974 of 2025 Ashok Kumar Kashyap S/o Late Laxminarayan Kashyap Aged About 35 Years R/o Vill. Bade Chakva Thana Lohandiguda Chowki Ghotiya Distt. Bastar C.G. ...Applicant versus State Of Chhattisgarh Through Excise Circle Bhanpuri, District- Bastar, Chhattisgarh ... Non-applicant For Applicant : Mr. Vikash A. Shrivastava, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 38/2025, registered at Police Station : Excise Circle Bhanpuri District – Bastar (C.G.) for the offence punishable under Section 34(1)(a), 34(2), 36 & 59 of the C.G. Excise Act. 2. The prosecution case in brief is that the Excise Police Station, Circle VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.02 10:56:29 +0530 2 Bhanpuri, District Bastar (C.G.), apprehended the present applicant while he was found in unauthorized possession of liquor meant for sale in the State of Madhya Pradesh. During the search and seizure, the Excise authorities recovered (i) 3.6 bulk litres of foreign liquor, namely Goa Spirit of Smoothness Whisky, contained in 20 bottles of 180 ml capacity each, kept in a blue-coloured plastic jar; (ii) 25 litres of country-made liquor stored in a white-coloured plastic jar of 30-litre capacity; (iii) 5 litres of country-made liquor kept in a yellow-coloured plastic jar of 5-litre capacity; and (iv) 8 litres of country-made liquor filled in four plastic bottles of 2-litre capacity each. Thus, a total quantity of 41.06 bulk litres of liquor was seized from the possession of the present applicant, who was allegedly transporting and possessing the same without any valid licence or permit, in contravention of the applicable excise laws. 3. Learned Counsel for the applicant submits that the present applicant has been falsely implicated. He further submits as the allegations levelled by the prosecution are baseless, vague and without any nexus with the applicant. It is submitted that no incriminating article has been seized from the possession of the present applicant. The applicant has been in judicial custody since 11.11.2025 and undertakes that, if enlarged on bail, he shall not misuse the liberty so granted. The applicant is a permanent resident of the address mentioned above, enjoys a good reputation in society, and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses. The applicant is further ready and willing to furnish adequate surety and shall abide by all terms and conditions that may 3 be imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submissions made by the learned counsel for the applicant that the present applicant has no criminal antecedents and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant 41.000 bulk liters of country made liquor was seized, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents and also considering the fact that the charge-sheet has been filed and she has been in jail since 11.11.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Let applicant, Ashok Kumar Kashyap, involved in Crime No. 38/2025, registered at Police Station : Excise Circle Bhanpuri District – Bastar (C.G.) for the offence punishable under Section 34(1)(a), 34(2), 36 & 59 of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open 4 for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaibhav